Corporate, union money in two N.C. down-ballot races

By Web Exclusives

Published: Monday, November 5, 2012 at 07:38 AM.

Associate Justice Paul Newby and Court of Appeals Judge Sam Ervin IV, the grandson of the legendary U.S. senator, are seeking an eight-year term on the state's highest court in a race officially labeled nonpartisan but that could tilt the balance of the court's judicial philosophy. Democrat Linda Coleman and Republican Dan Forest are running for lieutenant governor.

While the presidential race remains tight in North Carolina, longtime political consultant Gary Pearce said fellow Democrats call him discouraged about races for governor and the state Legislature, where Republicans appear poised to retain their new majorities. An Elon University poll this week shows Republican Pat McCrory with a 14-point lead over Democrat Walter Dalton for governor.

But Pearce said Democratic allies are hopeful about other races, including those for the Supreme Court and the Council of State. "There is a feeling that the governor's race is tough, the Legislature's tough," Pearce said, but the others "are a lot of closer, and I'm paying closer attention to them."

(AP) — With the presidential candidates away and the governor's race looking less competitive compared to 2008, some down-ballot races are gaining attention during the North Carolina political season's final days thanks to outside money.

Corporations, trade groups, unions, individuals and candidate committees are spending millions of dollars combined to seek to influence a race for state Supreme Court and for lieutenant governor through mailings and television and radio ads. The races historically have attracted little public interest.

Associate Justice Paul Newby and Court of Appeals Judge Sam Ervin IV, the grandson of the legendary U.S. senator, are seeking an eight-year term on the state's highest court in a race officially labeled nonpartisan but that could tilt the balance of the court's judicial philosophy. Democrat Linda Coleman and Republican Dan Forest are running for lieutenant governor.

While the presidential race remains tight in North Carolina, longtime political consultant Gary Pearce said fellow Democrats call him discouraged about races for governor and the state Legislature, where Republicans appear poised to retain their new majorities. An Elon University poll this week shows Republican Pat McCrory with a 14-point lead over Democrat Walter Dalton for governor.

But Pearce said Democratic allies are hopeful about other races, including those for the Supreme Court and the Council of State. "There is a feeling that the governor's race is tough, the Legislature's tough," Pearce said, but the others "are a lot of closer, and I'm paying closer attention to them."

Hal Weatherman, Forest's campaign manager, said the intensity level in that race has picked up in part because McCrory appears to be doing well. "Because of the race Pat has run, we all think we have a good shot at those down-ballot races," he said.

A "super PAC" called the North Carolina Judicial Coalition has spent $1.8 million alone on television ads backing Newby, according to campaign finance reports filed this week with the State Board of Elections. That's more than what Newby's and Ervin's campaigns will spend combined.

Another independent group, Justice for All NC, has been the coalition's largest single donor — contributing $920,000, reports show. More money could be coming — Justice for All NC reported receiving another $275,000 from the Republican State Leadership Committee, increasing its total giving to Justice for All NC to $1.1 million. Nearly all of Justice for All NC's money has gone to the coalition.

Ervin's committee and Democrats are questioning why the Republican group, which spent money in North Carolina two years ago to help elect GOP legislative candidates, and other large donors to Justice for All, are involved in his race.

Ervin, a registered Democrat, is running his own ad accusing the groups of attempting to "buy a seat" on the state's highest court. He says the influx of funds threatens the public's confidence in the court's independence.

"You've got at least $1 million in out-of-state dollars coming into a North Carolina nonpartisan judicial race with the vast majority (coming) from an obviously partisan group," Ervin said in a phone interview, adding that voters will in effect decide in this election what "they think about this activity."

Other Justice for All NC donors include Medical Mutual, which writes physicians' liability insurance, and North Carolinians for Affordable Health Care, which has been led by the North Carolina Medical Society. The seven-member Supreme Court could rule on challenges to redistricting maps and medical malpractice award limits approved by the new Republican-controlled Legislature in 2011. Four of the seven justices are Republican by voter registration.

Representatives from Medical Mutual, the medical society and the RSLC didn't return phone calls or emails Thursday seeking comment. Tom Fetzer, a former state GOP chairman who is now a N.C. Judicial Coalition leader, said it's hypocritical of Ervin to accuse outside groups of excessive influence when Democratic-leaning groups have spent money on statewide judicial races in the recent past.

"No one associated with the North Carolina Judicial Coalition expects anything from Paul Newby except the continuation of his career as a fine jurist," said Fetzer, who's also a former Raleigh mayor.

Newby, a registered Republican, said he doesn't read press reports about the donations and said his term on the court shows he won't be influenced by outside groups. "I have a reputation of simply following the law," he said.

In the lieutenant governor's race, the political action committee of the State Employees Association of North Carolina has spent at least $250,000 in recent weeks on television and radio ads supporting Coleman, a former state personnel director and ex-state representative. The association is a local branch of the Service Employees International Union. A pro-Forest super PAC surfaced last week. Forest also has run his own radio ad.

"If the governor's race becomes a foregone conclusion, we would hope that North Carolinians would focus more on the lieutenant governor's race," said Kevin LeCount, political director of 55,000-member SEANC.